Terms of Use

Last updated on: July 7, 2021

These terms of service and legal information (hereinafter, the “General Terms”) apply to the website of Thyme2Prep (hereinafter, “SellMeals”), whose domain is https://sellmeals.com and to its related mobile application, including SellMeals’s websites worldwide (hereinafter and collectively, the “site”). The site belongs to SellMeals. By using the site, you agree to these terms of service. If you do not agree, please refrain from using it.

SellMeals hereby makes available to users (hereinafter, the “User” or “Users”) the SellMeals website and mobile application (hereinafter, jointly, the “Marketplace”). In accordance with the provisions of the applicable legislation, the following identification details of the site owner are provided below:

• Contact: support@sellmeals.com

 

1. Object

SellMeals is a technology company whose main activity is the development and management of a technology Marketplace through which certain local chefs, cooks and stores in a number of territories can offer their products by means of a website. SellMeals thus has a Marketplace through which a variety of merchants, with which SellMeals can have in place a commercial agreement for the use of the Marketplace (i.e. acceptance of the General Terms), offer a selection of products. Customers can request the purchase of products from such merchants by means of a mandate given by them to a third party when placing an order through the Marketplace. In such cases, SellMeals acts as a mere intermediary and is therefore unable to assume, and does not assume any responsibility for the quality of the products offered directly by the merchants or by such third parties.

In addition, SellMeals is an “on demand” intermediary Marketplace for the provision of express courier services. Its aim is to make it easier for any persons requiring help with their errands or purchases at associated merchants (hereinafter, “Customers”) to carry out their errands through such third parties, who are voluntarily willing to carry out the mandate given to them by Customers (hereinafter, the “Couriers”).

Couriers are thus the employees of specialized third party or a network of self-employed couriers / delivery people who work with SellMeals. When they wish to provide courier services, they log onto the SellMeals Marketplace and undertake within a certain time to carry out the courier / distribution / delivery service entrusted to them by a Customer by means of the above- mentioned mandate.

Throughout these General Terms, both Customers and Couriers will be referred to as “Users”.

2. Terms of Use

By accessing the Marketplace and voluntarily creating a profile, all Users acknowledge and expressly and unambiguously agree to these General Terms and to the Privacy Policy and the Cookie Policy.

3. Access and Registration for Customers

In order to be a Customer of the Marketplace, it is essential that you meet the following requirements:

• • You must be at least 18 years of age.
• • You must truthfully complete the mandatory fields of the registration form requesting personal details such as, for example, the user name, e-mail address, telephone number and registration address.
• • You must agree to these Terms of Service.
• • You must agree to the Privacy Policy.
• • You must agree to the Cookie Policy.
• • You must be at least 18 years of age.
• • You must be fully compliant with relevant and applicable local food laws and regulations. If required by law, you must have appropriate active permissions and licenses to cook and sell your meals.

The User warrants that all the information regarding his/her identity and capacity provided to SellMeals in the registration forms for its Marketplace is true, accurate and complete. In addition, the User undertakes to keep his/her details up to date.

If a User provides any false, inaccurate or incomplete information or if SellMeals considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, SellMeals may deny the User’s current or future access to, and use of, the Marketplace or any of its contents and/or services.

When registering on the Marketplace, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details that may be made by third parties, including for statements made on the Marketplace or any other action carried out under their username and/or password.

SellMeals cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users must immediately inform SellMeals, using the Contact Form, if their username or password is stolen, disclosed or lost.

3.1 Profile

In order to complete their registration on the Marketplace, Users must provide certain details, such as username, e-mail address, telephone number, etc. Once they have completed the registration process, all Users can access their profile and complete or edit it, and/or deregister, as they deem appropriate.

3.2. Credit Card Theft or Removal

Since SellMeals cannot guarantee the identity of registered Users, Users are under an obligation to inform SellMeals if they have evidence that the credit card associated with their SellMeals profile has been stolen and/or is being fraudulently used by a third party. Therefore, since SellMeals and its payment provider Stripe are proactive in the protection of Users through the use of appropriate security measures, if a User fails to inform SellMeals of the missing card, SellMeals will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account.

4. Operation of the Service. Terms of the Mandate

Basically, a User who is registered as a Customer, wants to purchase the interested products, he\she needs to go to the online Marketplace or the relevant SellMeals application and choose the cook who will prepare and sell the desired products. The delivery of those products can be performed by the User itself or with the help of the specialized third parties. When a User who is registered as a Customer needs help with an errand, he/she must go to the online Marketplace or the relevant SellMeals application and request the service using the said electronic methods. The basic courier service involves the collection and subsequent delivery of a product to and from the addresses established by the Customer, if they are within the territory in which SellMeals operates. Similarly, a Customer may ask a Courier to purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified. The Courier undertakes under a mandate to purchase the products ordered by the Customer on the latter’s behalf and according to his/her indications and specifications.

Customers are solely responsible for providing the correct addresses for delivery and collection on the Marketplace, and they therefore release SellMeals and/or the Courier from any liability for negligence or error in the collection or delivery of the order as a result of the supply of incorrect addresses for collection and delivery. As a result of the foregoing, the Customer shall bear the cost resulting from the provision of an incorrect address for collection and delivery on the Marketplace.

The Customer must provide all the information, in as much detail as possible, about the service to which the assignment relates and, if applicable, in relation to the product that he/she is asking the Courier to buy in a physical shop or place on his/her behalf. To do this, he/she may provide any comments he/she may deem useful in the “comments” section as well as, where appropriate, share a photograph with the Courier to identify the order. The Customer will be in constant contact with the Courier and may communicate with the latter at any time to ensure that he/she carries out the mandate according to the Customer’s own instructions.

The Customer releases SellMeals and/or the Courier from any negligence or error in the indications given by the Customer for the purchase of the product ordered for purchase in a physical store or place on his/her behalf. As a result of this, the Customer shall bear the cost resulting from the provision on the Marketplace of incorrect indications regarding the products (such as an incorrect address or product).

If the product and/or service is not available, the Cook or the Courier (in case of the delivery by specialized third parties) must call the Customer to set out the available options. If the Customer does not accept any of the options set out by the Cook or the Courier and is therefore not interested in the alternative options, he/she must accept the cancellation policy set forth in these General Terms of Service (Section 9). If the Customer does not answer the phone, the Cook or the Courier shall wait 10-15 minutes before cancel the order or leaving the physical store or place.

If the Customer is not at the place agreed for delivery, the Courier shall retain the product for 2 hours, or for 30 minutes in the case of perishable products. In addition, the Customer must bear 100% of the cost of the basic courier service as well as the price of the product if one has been purchased or contracted through the Courier at the Customer’s request, and will have to pay for another service in order to receive the products that were not delivered. The Courier in no event will be liable for the deterioration or expiry of the product to which the assignment related.

Once the assignment has been completed, if the request included the physical purchase of a product, the Courier shall give the Customer the paper receipt for such product. If the object of the assignment was the mere delivery of a product, the Courier shall deliver it to the Customer at the exact time and place indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received by the Customer at the e-mail address associated with his/her account.

5. Product Returns

If a Customer wishes to return a product or make a claim about the provision of a product, he/she must contact the merchant at which the purchase was made directly, with the store receipt provided by the Courier at the time of delivery of the order. If the merchant gives the Customer a refund for the purchase price, the merchant will decide how to make the refund (cash, credit card, store voucher, etc.). Therefore, the return of a product purchased by the Courier pursuant to a mandate conferred by the Customer shall in any event be subject to the merchant’s returns policy.

If a User wishes to process the return of a product because it did not match the order made through the Marketplace, he/she must provide a photograph of the total order together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested.

The Customer must check the products delivered by the Courier at the delivery address before signing and ratifying the mandate. By means of the said signature, the Customer confirms and ratifies the mandate, the purchase carried out on his/her behalf. In addition, the Customer states that a third party may ratify the mandate on his/her behalf, for example if the Customer is not at the final delivery address or has designated a third party for collection and signature. The Customer (and/or the said third party) is thus responsible for checking that the products provided are adequate as well as, where applicable, for collecting enough evidence to prove that they were not.

In any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The Customer must therefore inform SellMeals through the Contact Form if a dispute arises.

6. Prices of the Services and Billing

Registration and use of the Marketplace is completely free for Customers and Couriers. The use of the Marketplace by Merchants will have a 20% fee from anything they will sell at the Marketplace. The Customer only has to pay for each product requested through the Marketplace. In addition, for services that include the delivery of a product, the User must pay the price of such delivery. By registering through the Marketplace and providing the required bank information to the payment provider Stripe, Users expressly authorize SellMeals to issue receipts for payment of the services requested, including the price of the products ordered.

The total price of each service may be composed of a variable percentage based on the number of kilometers travelled and the time taken by the Courier, as well as, where applicable in cases in which a User requests the physical purchase of a product, the price established by each merchant. SellMeals reserves the right to change the price based on the time slot in which the service is performed and/or the distance travelled. In accordance with these terms, the Customer will be entitled to know the approximate fee for the service before contracting it and formalizing payment, unless the user has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond SellMeals’s control that entail an increase in such fee. SellMeals reserves the right to change its prices at any time. Such changes shall take effect immediately after publication. The User expressly authorizes SellMeals to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the user must enter the relevant tax data on the Marketplace before placing the order.

If a Courier has already been assigned to provide a service and this is subsequently cancelled by the user, SellMeals shall be entitled to charge the Customer the fee for the services already embarked on by the Courier. Similarly, if the User has asked the Courier to purchase a product on his/her behalf and the Customer cancels the order after the purchase has been made, the latter shall bear the cost of the delivery services provided by the Courier as well as the price of the product. All this without prejudice to the Customer’s ability to request a new service in order to return the products purchased or to have them delivered at a different address. In the case of non-perishable products, the User may exercise his/her right of withdrawal vis-à-vis the merchant that sold him/her the products. If the User wishes to exercise this right through SellMeals, he/she must request a new service.

 

6.1. Payment Marketplace

Payment for products sold in person at restaurants, stores or cooks` places and delivered to Customers in a deferred manner is temporarily made to SellMeals, who then sends it to the Restaurants, stores or cooks` places with which it has a commercial agreement in place (i.e. acceptance of the General Terms). The Restaurants and/or associated establishments authorize SellMeals to accept payment on their behalf. Payment of the price of any product (such as food, drink, etc.) properly made to SellMeals will therefore discharge the Customer’s obligation to pay the said price to the Restaurant and/or associated establishments.

 

Similarly, the Customer’s payment releases him/her from any obligation vis-à-vis the Courier, as full payment from the Customer discharges any obligation that the Customer may have vis-à-vis Partners and/or Couriers.

Payment by Customers for products is received at SellMeals’s accounts through an Electronic Money Institution. Electronic Money Institutions are authorized to provide regulated payment services in all the territories in which SellMeals operates and are in compliance with the current legislation applicable to payment services for Marketplaces such as SellMeals. If you have any questions regarding the payment gateway used by SellMeals, you may ask them by means of the following Contact Form.

SellMeals, through its payment service provider Stripe, and as the unique objective to check the payment method communicated by the user and as antifraud measure, reserves its right to make a preauthorization of charge for the products ordered through the Marketplace. The preauthorization will not mean, in any case, the payment for the total amount of the order, as the payment will only take place after the approval of the order by the User, by accepting it, or by the causes described in the present terms of services.

SellMeals, in order to fully support the user, acts as the first point of contact for the user and takes responsibility for all payments made via our Marketplace. This responsibility includes refunds, chargebacks, cancellations and dispute the resolution, at an initial point, without prejudice of SellMeals’ actions in front of local stores as unique physical sellers of the goods ordered by the User.

In the event that a dispute is raised, SellMeals will offer the first line of support and will refund the User if deemed appropriate.

If you have any problems with your order, you can contact our customer care team by the means made at your disposal through the Marketplace.

7. Price of the Products Appearing on the Marketplace

All the prices stated on the Marketplace are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall in any event be denominated in the currency in force in the territory from which the User operates.

In accordance with Clause 6 above, the prices applicable to each service shall be as published on the Marketplace, subject to the specific characteristics set forth above, and applied automatically at the last stage of the contracting process.

However, the prices of the products sold in restaurants, stores or cooks` places shown on the SellMeals Marketplace may be indicative only. In any event, they correspond to the products sold in restaurants, stores or cooks` places and they are set solely by them. The Customer may contact the Courier to confirm the final price of the products ordered if the Customer ordered the delivery by the specialized third party.

The User assumes that, in any case, the price of some products may change in real time based on the establishment that sells them and on the available stock. For any information about the order made, the User shall contact SellMeals through the Contact Form, including in the subject of the message the number assigned by the SellMeals Marketplace.

In accordance with the foregoing, the Customer grants the Courier, by means of the purchase and delivery request made through the Marketplace, a mandate to purchase the products in person, on his/her behalf, at the price set by the merchants. The Customer may be in direct contact with the Courier, both when placing the order and during its delivery, to tell the Courier which product is being ordered.

8. Promotional Codes

Promotional codes must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the user will be unable to enjoy their benefits.

Whenever a cancellation is requested by SellMeals in accordance with Section 9 below, the Customer shall ensure that the promotional code is valid for future use. When the cancellation is at the User’s request, Section 9 below will apply.

 

SellMeals reserves the right to cancel the promotional codes offered if it becomes aware of a fraudulent use thereof (such as a person exchanging a promotion code when he or she is not its lawful recipient, the mass transfer of codes, etc.). In addition, it reserves the right to apply sanctions to users for the amount defrauded to the Company.

9. Right of Withdrawal and Cancellation of Orders

The User may cancel an order free of charge until a Courier has accepted it, in case if the Customer ordered the delivery of purchased products.

In accordance with the nature of the service offered by SellMeals, the User is aware that, once a Courier has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User is therefore no longer entitled to withdraw from the service request free of charge.

Therefore, if the User cancels an order that has already been assigned to a Courier, the Marketplace will generate a cost of 100% of the basic delivery service by way of cancellation fee to be paid by the User.

In addition, if the Courier had already purchased the product ordered or contracted a service at the time of cancellation, the user may ask the Courier to return it. To that end, the User must pay the products’ full purchase price and delivery costs, as well as the cost of the return service. If the Courier has been able to return the product, its value will be refunded to the User who, as mentioned above, must pay the cost of the two collection and delivery services as well as the return service. The return shall in any event be subject to the merchant’s return policies, and the Customer therefore states that he/she is aware that, in the case of perishable products (e.g. food), the return may not be possible and SellMeals will therefore be entitled to charge him/her for both the product already purchased and delivered by the Courier under his/her mandate and for the cost of the delivery service incurred if such service was previously ordered.

If the Customer has given an incorrect delivery address for the products, he/she may enter a new address at any time if it is within the same city as the original order and within the Courier’s scope of operation. In such case, the Customer will be ordering a new service and agrees to be charged the appropriate amounts for the new delivery. If the address is in a different city from the one originally specified, this may not be modified for delivery in a new city, and the order will be cancelled, with the Customer bearing the resulting costs as provided in this clause.

SellMeals reserves the right to cancel an order without having to provide a just cause. In the event of cancellation at SellMeals’s instance, the User shall be entitled to a refund of the amount paid.

SellMeals has official claim forms available to consumers, in the official languages of the countries in which SellMeals operates, in relation to the service offered by it. Consumers may request the above-mentioned claim forms through the Contact Form, and the option to access them will be sent automatically. The consumer’s e-mail must specify the exact location from which the request is being made, which must be the same as the place where the service is to be carried out. In the event of doubt, the claim should be made from the latter place.

10. Special Terms of the Purchase Service Ordered Through SellMeals

The Customer has the option of requesting through the Marketplace the purchase by a Courier, in person, of a selection of products offered by merchants with which SellMeals has a commercial agreement in place (i.e. acceptance of the General Terms). Using a drop-down menu within the Marketplace, the Customer can choose from among a number of options pre-set by the Restaurants, Stores or cooks` places setting out the characteristics and price of the product and, sometimes, a photograph thereof.

Once the Customer has selected one of the options, he/she can also complete the order by using the free-text space provided in order to include more detailed information or instructions for the Courier who is to carry it out, if the delivery is ordered.

By using the said free-text space, the Customer states his/her wish to order the purchase of certain products, and the Courier will be a mere agent acting on the Customer’s behalf. As a result of the foregoing, the customer shall be solely responsible, and it would be the customer who, if the situation arose, would be liable for any incident arising from the nature of the products (such as a sanction, civil liability, financial liability, etc.).

The Customer is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Marketplace, are provided based on the information and documents supplied by the Merchants, and that SellMeals is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.

Furthermore, the Customer accepts that all the products appearing on the SellMeals Marketplace are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product is found not to be available at the Merchant. In addition, the price of the product is subject to slight variations due to modifications at the point of sale. SellMeals reserves the right to proceed with the purchase in the case of price variations, but in this case the SellMeals representative or the Courier shall contact the customer to inform his/her of the situation.

SellMeals reserves the right to withdraw any product from its Marketplace, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.

10.1. Same-Day Deliveries

SellMeals provides Customers with a delivery service for products purchased by a Courier in person in certain cities. Such an order can be made whenever the following conditions are met at the time of payment for it:

• • The service must be operative during the chosen time slot.
• • The goods to be delivered must be in one of the cities, and within the available area, in which SellMeals operates.
• • The destination must be located in the same city as the product.

10.2. Price and Payment Method

The price of the product shall be as stated by the Merchant on the Marketplace. However, the Customer assumes that the price of some of the products may vary in real time due to stock availability at the establishments appearing on the Marketplace, and that the Customer will in any event always be told the final cost before payment.

The Customer will be in constant contact with the Merchant or the Courier, who shall act on the former’s behalf in the purchase of products. Any change or variation shall therefore be reported by the Merchant or the Courier before carrying out the mandate for the Customer’s approval. If the Customer wishes to include any indications regarding the order, he/she will always be able to contact the Courier who is carrying out the mandate given.

Similarly, at the payment gateway stage, the Customer will be informed of the final price and approximate time of delivery in accordance with the terms of SellMeals’s courier service set forth above.

The Customer may pay for the services in cash or by credit card. The cash payment option may be unavailable in some of the countries in which SellMeals operates. When making the order, the Customer will be informed of the various payment options available in the territory from which the service is being requested. In order to pay with a credit card, the Customer must provide the card details through the Marketplace as a payment method associated with his/her account. SellMeals does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider Stripe that makes the payments on SellMeals’s behalf. Customers paying by credit card will incur no additional charges for choosing this payment method. All this in accordance with the terms of the payment Marketplace set forth in Clause 6.1.

In the case of cash payments, the customer must pay the price at the time of delivery of the product and/or on completion of the assignment at the place of delivery. The customer may not refuse to pay the delivery fee and/or the price of the product ordered. The customer can only refuse to pay for the service if he/she has made a claim and has received a response from SellMeals that is favourable to the Customer by the time of the delivery.

If payment for the service can for any reason not be taken from the customer, the latter shall be blocked from using the Marketplace again until he/she has settled the debt.

10.3. Home Delivery of Free Samples and Other Commercial Actions

SellMeals reserves the right to enter into commercial agreements with Stores, Department Stores, Entrepreneurs, Professionals (e.g. mass-market food companies, laboratories, Department Stores, large and small consumer brands, etc.) to send promotional communications, including the addition of free samples to the order delivered to the User’s home. Users must expressly agree to such commercial actions together with these Terms of Service.

10.3. Home Delivery of Free Samples and Other Commercial Actions

SellMeals reserves the right to enter into commercial agreements with Stores, Department Stores, Entrepreneurs, Professionals (e.g. mass-market food companies, laboratories, Department Stores, large and small consumer brands, etc.) to send promotional communications, including the addition of free samples to the order delivered to the User’s home. Users must expressly agree to such commercial actions together with these Terms of Service.

11. Purchases of Alcohol

Users who place an order that includes the purchase and/or delivery of alcoholic drinks through the Marketplace must be of legal age; i.e. 18 or older. When making an order that includes alcoholic drinks, the User confirms that he/she is at least 18 years old. SellMeals reserves the right to refuse the order for the purchase and/or delivery of alcohol to any person who is unable to prove that they are at least 18 years old.

This clause will apply in exactly the same way to any other similar product and/or service ordered by a User through the Marketplace that is reserved for over-18s under the current legislation.

Similarly, in those cases and cities in which the sale and/or delivery of alcoholic drinks is restricted during a particular time slot, it is the User’s responsibility to place orders only during the times allowed under the applicable legislation. SellMeals reserves the right to refuse the order for the purchase and/or delivery of alcohol outside the permitted times.

12. Geolocation

SellMeals may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, if this is authorized by the User. The said location data may be collected and used by SellMeals to show Users the location of the point of origin and/or destination of an assignment. In this regard, Users expressly consent to their geolocation data being shared with other Users and Suppliers in order to successfully carry out the assignment requested at any given time. Users may choose to disable Geolocation on their devices as provided in the Privacy Policy.

The User shall be responsible for entering the correct addresses for collection and delivery. In this regard, SellMeals will accept no liability for errors or omissions in the provision of such addresses by the User.

13. The User’s Obligations

Users are fully responsible for the proper use of, and access to, their profile and other Marketplace contents in accordance with the current legislation, be it national or international, of the Country from which they are using the Marketplace, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Service.

Users shall refrain from using their profile and other Marketplace contents for illegal purposes or with illegal results that harm third-party rights and interests, or that may in any way damage, disable, affect or impair the Marketplace and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Marketplace.

SellMeals may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any of the opinions that may be issued by Users of the Marketplace, whose consequences shall be the sole responsibility of their issuers.

Any persons who breach the above obligations shall be liable for any loss or damage caused by them. SellMeals will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.

In general, Users undertake, by way of example without limitation:

• • To refrain from altering or modifying the Marketplace, in full of in part, by bypassing, disabling or in any other way tampering with, its functions or services;
• • To refrain from infringing industrial and intellectual property rights or the rules on personal data protection;
• • To refrain from using the Marketplace to insult, defame, intimidate or harass other Users or attacking their image;
• • To refrain from accessing other Users’ e-mail accounts;
• • To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to SellMeals’s or third parties’ contents or systems;
• • To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
• • To refrain from advertising goods or services without SellMeals’s prior consent.

Any User may report another User if he/she believes that the latter is in breach of these General Terms of Service. Similarly, any User may inform SellMeals of any abuse or infringement of these terms through the Contact Form. SellMeals will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Marketplace for breach of these General Terms of Service. Furthermore, SellMeals reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.

14. Deregistration by Users

Users may deregister from the Marketplace by sending an e-mail through the Contact Form.

15. SellMeals’s Responsibility

Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Marketplace. Users can report any incidents or problems accessing the Marketplace to SellMeals by means of the Contact Form, and SellMeals will analyse the incident and instruct the User on how to resolve it as quickly as possible.

SellMeals does not control, and is not responsible for, the contents uploaded by Users through the Marketplace, and Users are solely responsible for the lawfulness of such contents.

SellMeals will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.

SellMeals accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:

• • The presence of a virus in the User’s computer system or mobile handset used to connect to the Marketplace’s contents and services;
• • A malfunction of the browser;
• • The use of outdated versions thereof.

16. Responsibility for Content

SellMeals does not control (and is under no obligation to control) how Users use the Marketplace. It therefore does not guarantee that Users use the Marketplace in accordance with these General Terms of Service or in a diligent and/or prudent manner. SellMeals does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.

SellMeals rejects any liability for damages of any kind that may arise from Users’ illegal use of the Marketplace or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Marketplace. In particular, SellMeals accepts no responsibility for the use of the application or for any orders that may be made by a third party from the User’s account.

Notwithstanding the foregoing, SellMeals reserves the right to fully or partly restrict certain Users’ access to the Marketplace, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, SellMeals may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Marketplace, Users assign to SellMeals all exploitation rights arising from the contents thus supplied.

17. No Warranty in Assignments or Payments

SellMeals gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by Merchants and Couriers. In this regard, Users state that they understand that SellMeals is an independent company that puts Customers, Merchants and Couriers in contact with each other, and that it accepts no liability arising from the information provided by Merchants, Couriers or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms of Service. SellMeals will therefore never be liable for the availability of Merchants, Couriers or for their adequate and satisfactory performance of assignments.

SellMeals makes no assertions or confirmation regarding any Merchants, Couriers or their identity or background information. Notwithstanding the foregoing, SellMeals may potentially carry out additional checks and put into motion procedures designed to help check or verify the identity of Merchants or Couriers. In this regard, when a User achieves Merchant or Courier status, this simply indicates that the said user has completed the relevant registration process and has accepted these General Terms of Service and any other specific conditions that may apply to him/her. Such status implies neither certification nor endorsement by SellMeals as to such User’s reliability, suitability and/or safety.

SellMeals therefore recommends that Customers always use common sense and their full attention when delegating an assignment to a particular Courier.

By becoming members of the Marketplace, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the Marketplace or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against SellMeals.

18. Updates and Changes to the Marketplace

SellMeals reserves the right to amend these General Terms of Service, the Privacy Policy and the Cookie Policy at any time and without prior notice. Users must carefully read these General Terms when accessing the Marketplace. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the SellMeals Marketplace.

In addition, SellMeals reserves the right to update, amend or delete the information contained on its Marketplace, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. SellMeals does not guarantee the absence of errors or interruptions when accessing the Marketplace or its content, or that it will always be up to date. Notwithstanding the foregoing, SellMeals shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.

19. Intellectual Property

SellMeals is the owner or licensee of all intellectual and industrial property rights included on the Marketplace as well as of the contents that can be accessed through it. The intellectual property rights of the Marketplace, as well as the text, images, graphic design, browsing structure, information and contents included therein are the property of SellMeals, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the UK legislation on intellectual and industrial property rights.

Authorizing a User to access the Marketplace does not imply the waiver, transfer, licensing or full or partial assignment by SellMeals of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the SellMeals Marketplace are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicizing, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the SellMeals Marketplace for public or commercial purposes are also prohibited, save with SellMeals’s express written authorisation or, where applicable, that of the owner of the rights concerned.

Any User who shares any content of any kind through the Marketplace asserts that he/she has the necessary rights to do so, releasing SellMeals from any liability regarding the content and lawfulness of the information supplied. By providing content through the Marketplace, Users assign to SellMeals, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.

20. Severability

If any of the clauses of these General Terms is found to be void by operation of law or voidable, it shall be deemed not to have been included. Such declaration of nullity will not cause the rest of the Agreement to be void, and the said Agreement shall remain valid and effective between the Parties.

21. Applicable Law

The relationship between SellMeals and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by the laws of the State of Arizona; and any disputes shall be submitted to the courts of the State of Arizona unless the User requests that they be submitted to the courts applicable to his or her home address.